Case law

Andrews-Clarke v. Lucent Technologies, Inc.

157 F. Supp. 2d 93 · District Court, D. Massachusetts · Jul 27, 2001

After reviewing the factual allegations of the complaint in detail, the District Court (by Young, J.) allowed the motions to dismiss, but clearly was outraged by the ruling. … Clearly AT & T could have been named as a defendant in the first suit (assuming, arguendo, that it was not).

Atlantic Fish Spotters Ass'n. v. Evans

206 F. Supp. 2d 81 · District Court, D. Massachusetts · May 22, 2002

“[T]his [Act]” clearly includes the entirety of the appropriations bill containing section 634. … The meaning of the term “Act” in this appropriations measure clearly stands for the legislation in its entirety.

Commonwealth v. Keo

467 Mass. 25 · Massachusetts Supreme Judicial Court · Jan 21, 2014

‘establish the position of the United States and not merely the views of its agents who participate therein’ ”). See ante at 40. … The Williams court stated, “We hold only that when an attorney is permitted to state alternative or inconsistent defenses on behalf of his or her client, the statement does not qualify as the admission of a party opponent

DeProfio v. Waltham Housing Authority

22 Mass. L. Rptr. 677 · Massachusetts Superior Court · Jul 17, 2007

Clearly, WHA violated its own written commitment by its action. 4. Summary. … Since I conclude the plaintiff has established her claims of violation of federal law under §1983, and since the relief to which she is entitled does not appear to be different under her other claims, I do not reach those

Commonwealth v. Vitello

367 Mass. 224 · Massachusetts Supreme Judicial Court · Apr 1, 1975

Nash was not sufficiently qualified as an expert in spectrogram comparison analysis. … In order to ensure centralization, the lines of responsibility must be clearly drawn.

Dusel v. Factory Mutual Insurance Company

District Court, D. Massachusetts · Jul 14, 2021

Here, the evidence at issue qualifies as after-acquired evidence. … In arguing for summary judgment, Dusel clearly misinterprets the elements of a claim of unjust enrichment.

Parkman v. Bowdoin

18 F. Cas. 1213 · U.S. Circuit Court for the District of Massachusetts · May 15, 1833

The universal rule is, that a failure of children, issue, or heirs of the body, means an indefinite failure of issue, unless there are other qualifying words, limiting the contingency to the death of the parent, which there … Webber, 1 Barn. & Ald. 713, the devise was to the testatrix’s niece A, her heirs, executors, administrators, and assigns for ever; which would clearly pass a fee simple to her.

Digital Equipment Corp. v. Parker

487 F. Supp. 1104 · District Court, D. Massachusetts · Apr 2, 1980

The invocation of 37 CFR § 1.56 (d), with respect to this application is thus clearly contemplated and surely permitted by USPTO regulations. … Clearly, demeanor evidence is not required to make such a finding.

Commonwealth v. Billingslea

Massachusetts Supreme Judicial Court · Apr 30, 2020

Ct. 124, 126 (1976) ("Ordinarily, statutes which were in effect prior to the establishment of [the Appeals Court, see G. … One hundred percent."  46 or that the finding was clearly erroneous'" (citations omitted). Commonwealth v.

United States v. West

552 F. Supp. 2d 74 · District Court, D. Massachusetts · May 7, 2008

established advisory guidelines range. 127 S.Ct. at 2463-65. … Second, West’s conduct and criminal history — while clearly warranting a lengthy period of incarceration— did not merit what could amount to a life sentence for a thirty-eight year-old man.

Commonwealth v. Cinelli

32 Mass. L. Rptr. 193 · Massachusetts Superior Court · Apr 16, 2014

Arruda, 73 Mass.App.Ct. 901, 904 (2008) (‘The State action requirement of art. 12 is well established. It is governmental, not private, compulsion that is prohibited”). … Stenhach, 356 Pa.Super. 5,16 , 514 A.2d 114, 119 (1986), app. denied, 517 Pa. 589 , 534 A.2d 769 (1987); Restatement (Third) of the Law Governing Lawyers, §119. *197 For qualified or contrary views, see Hitch v.

Keane, Inc. v. Swenson

81 F. Supp. 2d 250 · District Court, D. Massachusetts · Jan 13, 2000

Subsequently, Keane announced a 3-for-2 stock dividend, and Swenson qualified for an additional 500 shares of Class B common stock on July 21, 1986. … Instead, the nonmov-ing party must adduce specific, provable facts which establish that there is a triable issue. See id.

In the Matter of Carson

6 Mass. App. Ct. 665 · Massachusetts Appeals Court · Nov 16, 1978

In the circumstances we give due weight to the findings of the judge, which will not be reversed unless clearly erroneous; but we may find facts in addition to those found by him. Steranko v. Inforex, Inc., 5 Mass. App. … The term "best interests" of the child does not mean that two sets of parents are compared to determine which is "better" qualified economically, morally, intellectually, etc., to raise the child. Id. at 639-640 .

Martinez v. Spaulding

District Court, D. Massachusetts · Sep 30, 2022

Additionally, the judge found that Petitioner qualified as a career offender due to two prior predicate felony convictions, which resulted in an adjusted base offense level of 37. Id. … BOP’s Program Statement, however, clearly indicates that a conviction is not required and that BOP administrators may rely on information in official documents, such as a PSR, that clearly indicates prohibited sexual conduct

Stuart v. City of Gloucester

District Court, D. Massachusetts · Sep 30, 2021

immunity. … Accordingly, Plaintiff has also satisfied his burden to establish a prima facie case under the MWPA, and the burden now shifts to the City.

Federal Deposit Insurance Corp. v. Boston Redevelopment Authority

5 Mass. L. Rptr. 138 · Massachusetts Superior Court · Dec 18, 1995

The DIP Agreement establishes the obligation of Boylston Street Associates to pay moneys to the BRA, rather than how the BRA is to administer the money. (DIP Agreement at 1.) … However, “in the absence of the usual words, a condition precedent may nonetheless be found to exist if the intent of the parties to create one is clearly manifested in the contract as a whole.”

Rudy v. Marchilli

District Court, D. Massachusetts · Dec 17, 2018

Rudy may not obtain federal habeas relief under 28 U.S.C. § 2254(d) unless he can show that the SJC’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … When making the “unreasonable application” inquiry, federal habeas courts must determine “whether the state court’s application of clearly established federal law was objectively unreasonable.” Id. at 409.

Commonwealth v. Long

Massachusetts Supreme Judicial Court · Sep 17, 2020

Thus, the Commonwealth clearly failed to rebut the reasonable inference of impermissible discrimination raised by the defendant, and the denial of the motion to suppress must be reversed.20 f. … Commissioner of Correction, 448 Mass. 412, 419 (2007) (qualified immunity standard asks  18 Sullivan, 340 Ark. 315, 318 (2000), cert. granted, judgment

Hochberg v. Proctor

441 Mass. 403 · Massachusetts Supreme Judicial Court · Apr 6, 2004

conclusively define the phrase “bearing the name” in the context of a will or trust instrument. 12 Guidance may be found, however, in decisions of this court using that language to refer to circumstances where a testator clearly … Because there was no way to predict in 1949, nor was it certain to be known, within the applicable perpetuities period, which of the above contingent beneficiaries, if indeed any at all, would ultimately qualify to take the

Wollman v. Massachusetts General Hospital Inc.

District Court, D. Massachusetts · Jul 29, 2020

immunity provided by this subdivision.” … Here, the Report was sent to the Chair of the Board under an email clearly marked privileged and the Report is clearly marked privileged. There is no evidence or allegation that Ms.